CORRESPONDENCE BETWEEN MR. COMMISSIONER SPAIN AND MR. FOX.

Nelson Examiner and New Zealand Chronicle, Volume III, Issue 136, 12 October 1844, Page 2

CORRESPONDENCE BETWEEN MR. COMMISSIONER SPAIN AND MR. FOX.

We publish with pleasure the late correspondence between Mr. Commissioner Spain and Mr. Fox relating to the misunderstanding occasioned between those gentlemen by an article which appeared in the Wellington Gazette reflecting upon Mr. Spain in the performance of his official duties. An explanation having been suggested by the friends of Mr. Fox, the proposition was promptly acceded to by Mr. Spain, who stated that his only object in instituting legal proceedings against Mr. Fox had been the vindication of his character. The following letter in explanation was accordingly prepared. By mutual consent, the opinion of Mr. Justice Chapman upon the correspondence was solicited, who, we are permitted to state, expressed his approbation of the course adopted, and observed that both I Mr. Fox and Mr. Spain had done precisely what, as gentlemen, they ought to have done.

W. Fox, Esq., to W. Spain, Esq. My dear Sir — The article in the Wellington Gazette, of which you have complained, was written during the strong excitement which naturally pervaded the settlements in Cook's Straits immediately after the Wairau massacre, and when, perhaps, political combatants were not so considerate in the use of their weapons as they might have been. In justice to myself, lam bound to state that the article in question expressed my opinions at the time ; but it is with much more pleasure that I now state that the course of proceeding adopted by you in this, the Nelson district, has been so expeditious and satisfactory, as to make me believe I then wrote under an erroneous impression. With this assurance, I hope to have the pleasure of shaking hands with you before you leave Nelson. If this explanation is satisfactory to you, I shall forward a copy to my solicitor in order that he may communicate it to your professional advisers ; and you are at liberty to make any use of this letter you please. I remain, my dear sir, Yours very truly, Nelson, October 2.< William Fox.

W. Spain, Esq., to W. Fox, Esq. Mr dear Sir — I am in possession of your favour of yesterday's date, and, in reply, I beg to state that I receive with pleasure your apology for the article in the Wellington Gazette, which compelled me to apply for the protection of the Supreme Court; but, as my only object was to vindicate my character and honour as a public officer and a gentleman, both which I considered had been unjustly assailed by the article referred to, and as you have now admitted that you wrote it " under an erroneous impression," it is far more satisfactory to me to shake you by the hand than to pursue the legal proceedings I had commenced, as I have never been actuated by any vindictive feeling in taking such a course. If, therefore, you will instruct your counsel, in showing cause against the rule, to read the apology in Court, I will direct mine to consent to the rule being discharged; and I shall be happy to meet you before I sail to-day from this place. I remain, my dear sir, Yours very truly, Nelson, October 3. William Spain.